Can he claim

[Woofyman]

Hi, My Brother has just suddenly passed away and did not leave a will

He has 3 Daughters from 2 marriages who are now dealing with the estate. 40 Years ago he had a girlfriend who claimed she was pregnant when they split up, she claimed my brother was not the father of the child. When the child was born she named the new boyfriend (who she went on to marry) as the father of the child. she would not let my brother so much as look in the pram, and we as a family were never acknowledged as the child's family or indeed had anything to do with him.

A few years later she knocked on my Mum's door and said meet your grandson, then started claiming my brother was, indeed, the father. My brother never paid (or was asked) for any child support.

When the child was older he sought out my brother and they had of and on contact of sorts . I have never met this person and equally my brother has never mentioned him or his contact with him to me, obviously I know of him and his name etc.

Now my brother has passed with no will his Daughters are dealing with the estate, my brother didn't have much as he was disabled and didn't work but he has just inherited a share of my late Mum's estate (in October) and had 1 pension. This person is now sniffing around and making comments about the money my Brother has inherited and we think he is angling for a share as a "Son"... we, his daughters and I, do not want him to have any of the money as I (persoanlly) do not class him as family, my brother is not named as father as he birth certificate names another man.

So our question is can he claim a share of my brothers estate?

[atticus]

He may try to make a claim. That does not mean that his claim will be successful, but if he makes a claim it would have to be dealt with.

First of all, he would need to prove parentage. There will be other hurdles that he would have to overcome.

[Woofyman]

First of all, he would need to prove parentage. There will be other hurdles that he would have to overcome.

Thank you for your response.

In order to claim parentage I take it there would have to be a DNA test, do you know how this would be done and could we refuse?

TIA

[atticus]

Tia, a DNA test would be the obvious way, but I suppose that other things may be possible. Others may know better where your brother's daughters would stand if they refuse to cooperate in a test.

NB, I have recently said this in another thread:

The Inheritance (Provision for Family and Dependants) Act 1975 provides that a claim may be made by a child of the deceased. The claim would be for "reasonable financial provision", which is defined in section 1(2)(b) as such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.

I infer that to date your brother contributed nothing towards this person's maintenance.